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Jenny
Jenny, Solicitor
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What is the legal position where an employer removes your

Customer Question

What is the legal position where an employer removes your right to (possibly) claim an entitlement to a personal injury where the condition in agreeing voluntary redundancy removes this right fully
Submitted: 9 months ago.
Category: Law
Expert:  Jenny replied 9 months ago.
Hello my name is*****'m an employment lawyer and I am happy to help you today. Please can you explain your situation in more detail?
Customer: replied 9 months ago.
Hi Jenny,In response to your request for more information:I have worked for some 21 years for a very well known major airline. After acquisition and mergers of other airlines into the "group" the whole of my department is to close in the UK and move to Poland, thus making myself and colleagues' redundant.
Our employer has offered a "Settlement Agreement" that offers 6 months "gardening leave" followed by one years salary.
In consideration by accepting this "Settlement Agreement" the employee is expected us to sign away a number of employment rights.
One of these rights is the right to hold a Personal Injury claim, now or in the future. My employer has confirmed that they are not willing to allow a continuation of a potential personal injury claim if I sign the Agreement.
The reason that I am interested in keeping this provision is that in 2009 after protracted air travel, I developed a Deep Vein Thrombosis (DVT) and Pulmonary Embolism (PE), this eventually led to a more serious condition of Non- Hodgkinson Mantle cell lymphoma, cancer of the immune system.
Om my return to work and after a period of being banned from flying, I returned to duty and flying. At the beginning of this year, I has a repeat of the DVT and PE
The company medical department recognised that this was probably due to flying without the provision of compression stockings or the like.
I am currently being treated for the DVT and PE and am being pressurised to "sign the deal"
But, I feel that it may be foolhardy to give away this right if I suffer from continued complications in future
The question being, does my employer have no statutory obligation to retain the right of an employee to make a PI claim, or does the law allow them the ability to remove it without further recourseApologies that this is a bit lengthy, but I hope it articulates the issue.Any advice will be gratefully receivedMany ThanksDermot
Expert:  Jenny replied 9 months ago.
Hi a settlement agreement can purport to exclude a personal injury claim if the facts arising to the claim are known to the employee at the time of entering an agreement. It cannot exclude unknown personal injury. I think that a claim related to DVT would fall into this as you are aware of it. You have to have the settlement agreement signed off by a solicitor for it to be a binding agreement. I would suggest you either refuse to sign it or attempt to negotiate a much higher sum to sign away this right. If you have any further questions please do ask. If I have answered your question I would be grateful if you would be so kind as to take the time to rate my answer. Thank you and all the best.

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